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On Monday, the Supreme Court weighed in on a topic of extreme interest to the November election. In a unanimous decision, the Supreme Court ruled that “faithless elector” laws were constitutional. These laws prescribe punishments for Electoral College electors who fail to vote for the popular choice in their state. Such laws were challenged by electors in the 2016 election.
The unanimity of the of decision is a rarity in the modern era. A highly-polarized political climate has led to many of the court’s decisions being split recently. As such, a unanimous decision speaks to the magnitude of the court’s opinion on a topic. Justice Brett Kavanaugh noted that the court ruled the way it did due to the “chaos principal”. He held that it’s the court’s job to curtail any confusion or chaos when it comes across their docket.
The Electoral College has been of particular note in the last 20 years. While some Americans may believe they directly elect the president, this isn’t actually the case. Instead, the popular votes of the states are meant to be reflected by electors in the Electoral College. As such, a presidential candidate needs 270 electors to cast a vote for them in order to win the White House.
This might sound bizarre, and that’s because it is. The United States has a layer of complication between its electorate and the election results. In those days, the founders saw the Electoral College as a way to cool off the passions of the people. The College would be able to vote its conscience, calmly picking the best candidate for the job.
However, this was counter to the nation’s claims of democracy. As such, in 1796, shortly after the nation’s founding, the Electoral College swore to vote in accordance with state majorities. As more states joined the Union, more electors joined to represent them.
Several states have laws on the books meant to punish electors who choose to cast their votes counter to the popular vote. The Supreme Court is upholding these laws as constitutional. The court was unanimous in their findings. They decided electors must stay true to the popular vote. Not doing so could be catastrophic.
That this decision has come in early July, before even late tax preparers file their 2019 returns, is good news for the 2020 election. The election, which is shaping up to be close, needs fewer complications, not more.
